RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-00464
INDEX CODE: 107.00
COUNSEL: None Indicated
HEARING DESIRED: NO
MANDATORY COMPLETION DATE: 19 AUGUST 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show he was awarded the Meritorious Service
Medal (MSM) instead of the Air Force Commendation Medal (AFCM) upon his
retirement.
Examiner’s Note: It appears that the applicant’s son, David A. Pennington,
Jr., has co-signed this application. However, he has not submitted any
legal proof of his father’s incompetency and his father’s signature is on
the application.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The MSM is the traditional retirement award for an enlisted member of the
Air Force who fulfills at least the minimum amount of service required to
officially retire. He met the basic requirements, had no UIFs, served
twice in Desert Storm/Shield, and met or exceeded all scores on his
enlisted performance reports (EPRs). The writer of his retirement award
may not have known what military award was proper.
No supporting documentation was submitted.
The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 30 April 1996, the applicant was honorably discharged from active duty
and retired in the grade of master sergeant (E-7). He was credited with 20
years and 16 days active duty service.
According to the Air Force office of primary responsibility, there is no
official documentation in the applicant’s records to verify his entitlement
to the MSM.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPPR recommends denial of the applicant’s request. DPPPR states
they were unable to verify the applicant’s receipt of or recommendation for
award of the MSM. DPPPR states written recommendation for the MSM must
meet two criteria:
1) be made by someone, other than the member himself, in the
member’s chain of command at the time of the incident, and, who has
firsthand knowledge of the acts or achievements; and,
2) be submitted through a congressional member who can ask a
military service to review a proposal for decoration based on the merits of
the proposal and the award criteria in existence when the event occurred.
The complete DPPPR evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 23 Mar
07 for review and comment within 30 days. As of this date, this office has
received no response (Exhibit D).
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or
regulations.
2. The application was not timely filed; however it is in the interest of
justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. After reviewing the applicant’s
submission, we do not find the evidence sufficient to warrant the approval
of the requested relief. It appears the approval authority at the time
determined the AFCM was the more appropriate award for the applicant’s
honorable service and we find no basis upon which to disagree with that
determination. Therefore, we agree with the opinion and recommendation of
Air Force office of primary responsibility and adopt its rationale as the
basis for our conclusion that the applicant has not been the victim of an
error or injustice. While we appreciate and honor the applicant’s service
to his country, in view of the above the applicant’s request is not
favorably considered.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of material error or injustice; that the application was
denied without a personal appearance; and that the application will only be
reconsidered upon the submission of newly discovered relevant evidence not
considered with this application.
________________________________________________________________
The following members of the Board considered this application in Executive
Session on 15 May 07, under the provisions of AFI 36-2603:
Mr. Michael V. Barbino, Panel Chair
Mr. John B. Hennessey, Member
Mr. Don H. Kendrick., Member
The following documentary evidence was considered in AFBCMR Docket Number
BC-2007-00464:
Exhibit A. DD Form 149, dated 7 Feb 07, w/atchs.
Exhibit B. Applicant’s Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPPR, dated 13 Mar 07.
Exhibit D. Letter, SAF/MRBR, dated 23 Mar 07.
MICHAEL V. BARBINO
Panel Chair
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